United States v. Schachel

Michael Schachel appeals from his conviction upon an indictment charging him with unlawful receipt, possession, concealment and facilitation of transportation of heroin in violation of 21 U.S.C.A. §§ 173, 174. Schachel's defense at trial was based upon the contention that he was entrapped by government agents into commission of the crime charged. The government submitted extensive, indeed almost overwhelming, evidence tending to show that the impetus to commission of the crime originated with the defendant. Schachel testified to the contrary. The issue of entrapment was submitted to the jury, which found against defendant. Defendant urges on appeal that it was error to send the issue of entrapment to the jury, because the matter should be determined in all cases by the court as a question of law. The controlling Supreme Court authority is to the contrary. The problem first came before the Court in Sorrells v. United States, 1932, 287 U.S. 435, 53 S. Ct. 210, 77 L. Ed. 413, in which the majority held that the issue of entrapment is one of fact to be submitted by the jury when conflicting evidence is introduced. The question was reconsidered and Sorrells adhered to in Sherman v. United States, 1958, 356 U.S. 369, 78 S. Ct. 819, 2 L. Ed. 2d 848, and Masciale v. United States, 1958, 356 U.S. 386, 78 S. Ct. 827, 2 L. Ed. 2d 859.

We note with appreciation the able and zealous representation of the appellant by Ann Thacher Clarke as assigned counsel.

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.